Briefing to the Incoming Minister - Word Doc 1MB

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1
Karanga karanga karanga ra, karanga ki te ata hāpara e tohungia nei te rangi
hou,
As we direct our collective voices to call to the dawn, to signify the
coming of a new day,
tēnei te reo e karanga nei, tēnei te reo e mihi nei, tēnei te reo e kawea ra ngā
wawata o tēnā o tēnā o tātou kua whetu rangitia.
heoi anō, moe mai rā i te rangimārie nōreira moe mai moe mai moe mai rā
the voices who call, the voices who greet, the voices who carry the
dreams of those who dwell in the heavens like the stars which decorate
the night sky, we acknowledge your contribution, so in your memory
we bid you eternal peace.
Piki ake piki ake ko te reo pōwhiri ko te reo whakatau, ko te reo e kotahi ai ko
kāpō, ko turi, ko hauā.
We extend our voices of welcome and friendship using the united voice
of the disabled community of Aotearoa New Zealand.
He reo kōrero he reo wānanga he reo whakarite kia tū te ao e tūmanakohia ai.
This voice which is speaking, this voice of collaboration, will create
pathways to an accepting world.
Nō reira ka tuku atu tēnei reo kia rere ai i ngā hau e whā, e rere e rere e rere rā!
We send forth this voice to the four winds, to take flight and be heard!
Ki mai koe ki ahau he aha te mea nui o te ao? Māku e ki atu, he tangata he
tangata he tangata e!
Ask me, “What is the greatest thing in the world?”
I will reply, “It is people, it is people, it is people!”
2
Purpose of this BIM
1
To deepen your understanding of disability issues
2
To extend the working partnership between DPOs and Government
3
To reinforce the DPO’s priority areas and action sought in the next 3 years.
Who are we?
4
This report is from seven Disabled People’s Organisations (DPOs):
Association of Blind Citizens of New Zealand
Balance New Zealand
Deaf Aotearoa NZ Inc.
Deafblind NZ Incorporated.
Disabled Persons Assembly NZ Inc.
Ngāti Kāpō O Aotearoa Inc.
People First NZ Inc., Ngā Tāngata Tuatahi
5
DPOs in New Zealand are identified by a number of attributes. This includes that
they are all national organisations with a mandate to speak on behalf of their
members, most of whom are disabled. Their governing boards are wholly or
mostly comprised of disabled people.1
6
These DPOs represent the national voices of disabled people. One DPO has a
pan disability focus on matters that affect all disabled people, others focus on
specific groups of disabled people, ie: deaf people, blind and vision impaired
people, people with mental health issues, deafblind people, Māori blind and
vision impaired people and people with learning disabilities. Short descriptions of
the seven DPOs are provided at the end of this document.
7
All seven DPOs work towards visions of full and equal participation and full
citizenship for disabled New Zealanders.
8
The DPOs have a point of difference with disability services provider
organisations that are not led by, and have a mandate to represent, disabled
people.
3
Article 4.3
9
Article 4.3 of the UN Convention on the Rights of Persons with Disabilities
(Disability Convention) states that:
“In the development and implementation of legislation and policies to implement
the present Convention, and in other decision-making processes concerning
issues relating to persons with disabilities, States Parties shall closely consult
with and actively involve persons with disabilities, including children with
disabilities, through their representative organisations.”
10
The working partnership between DPOs and the Government is based on
agreed “principles of engagement” that are:
a Government will engage with DPOs as representatives of disabled people
b Involving the right people, at the right time, in the right work
c Valuing the contribution of each party and making it easy to engage
d Being open, honest, transparent and creative in our engagements
e Reviewing and learning how to engage with each other.2
11
Work to date on the DPOs and Government partnership has provided the
context and now there is opportunity to put this into action. There are challenges
for both government and DPOs in how they can coordinate themselves and work
together better. Further gains can be made in clarifying processes to implement
the engagement principles across all government agencies and addressing
capacity and capability issues, to ensure a true partnership in all areas.
4
Disabled people’s voices
12
Disabled people have said:
Nothing about us, without us.
We want more choice and control over our lives.3
We want to be able to participate equitably.4
No negative or discriminatory experiences in:
Health
Employment
Education
Access to the built environment and transport
Political and public life
Culture, recreation, leisure and sport.5
5
Disabled people’s statistics
13
One in four New Zealanders have a disability. A total of 1.1 million people.6
14
Disability increases with age. In the over 65 age group 60 percent have a
disability.7
15
Māori and Pacific people have higher-than-average disability rates.8
16
Half of all disabled people have more than one type of disability.9
17
45 percent of disabled adults were employed compared with 72 percent of nondisabled adults.10 These employment statistics have not changed since 199611.
18
64 percent of disabled adults have an annual gross income of $30,000 or lower,
compared with 45 percent of non-disabled adults. And, only 18 percent of
disabled adults received an annual income higher than $50,000 compared with
33 percent of non-disabled adults.12
19
Disabled people are less likely to hold a formal qualification, with 67 percent
holding a school or tertiary qualification compared with 85 percent of nondisabled adults.13
20
Disabled people experience discrimination more than non-disabled adults.14
21
Disabled adults and children were less likely to participate in many popular
leisure activities than their non-disabled peers.15
6
Building on our strengths
22
DPOs represent disabled people. They are the voice of disabled New
Zealanders. One DPO represents disabled people generally and the other six
represent a particular disability group. The DPOs can provide you with a direct
link to the collective and individual voices of disabled people.
23
New Zealand has an international reputation for leading work on disability rights.
Our vision of full citizenship and equal participation was first outlined in the New
Zealand Disability Strategy in 2001.16 Disabled New Zealanders participated in
the drafting of the UN Convention on the Rights of Persons with Disabilities
between 2003 and 2007. In September 2014 the UN Committee on the Rights of
Persons with Disabilities stated that New Zealand is now being held to account
for the expectations they have set.
24
The DPOs can provide real information and real experiences on how
government systems are working for them. At the strategic level, the DPOs can
provide advice on policy and priorities and help with real-life implementation and
monitoring. As such, the DPOs are an invaluable resource for helping the
government provide effective services and full citizenship to disabled people.
25
Article 4.3 highlights the pivotal role that DPOs must play in implementing the
UN Disability Convention, including that the government closely consult with and
actively involve DPOs in all legislative, administrative and other measures
undertaken to implement the UN Disability Convention.
26
Our DPO report17 and presentations to the UN Committee in Geneva have been
highlighted as best practice examples for other countries to look to. Our DPO
report, written by DPA’s Senior Policy Analyst, Victoria Manning, is a concise
report on disabled people’s rights. It brings together, under the Disability
Convention framework, key reports, studies and recommendations that disabled
people have spoken to over the last fifteen years.
27
The National Government has brought together various threads of disability work
setting a new context. Your job now is to push for progress.
28
The Disability Action Plan 2014-2018’s vision is “All New Zealanders experience
equal rights of citizenship”. It presents person-directed outcomes for some key
areas requiring action. This new way of working is difficult and needs
commitment from all involved. DPO priorities not on the current Disability Action
Plan also require attention.
7
29
The DPOs are committed to developing the DPO network to ensure disabled
people are involved in the decisions that affect them. Discussions about the
DPOs’ capacity and capability need to continue to ensure that the DPOs are
sustainable into the future18 and to ensure leadership from disabled people on
disability issues.
8
DPO priorities
30
We want to work in partnership with you and government officials on the following priority areas.
31
These DPO priorities below are taken from the DPOs shadow report19. Most of the DPOs key priorities were incorporated into the
Concluding Observations.
Note: The number in brackets is the relevant paragraph in the Concluding Observations (CO).
GREEN = priority being addressed
DPO priorities
ORANGE = priority partly being addressed
In D.A.P1 In C.O2
In IMM3
RED = priority not being addressed
Notes
GREEN
Ensure that all public buildings are
accessible (CO 20)



Building accessibility work is underway. An initial piece of
work has assessed the issues. Work now needs to progress
changes to the system.
GREEN
Ensure that all government
agencies websites and information
is accessible and complies with
internationally recognised
document and website accessibility
standards (CO 20)



The CO reinforces the need for information to be made
accessible to Māori and Pasifika disabled people (44).
The DAP action is to increase access to information,
generally.
Work needs to ensure it includes improving compliance with
the Government web standards and making these standards
mandatory for local authorities, DHBs and Crown Entities.
1
Disability Action Plan 2014-2018: cross government priorities to make a difference.
United Nations Convention on the Rights of Persons with Disabilities, Committee on the Rights of Persons with Disabilities. “Concluding observations on the initial report of
New Zealand.” 3 October 2014.
3
Independent Monitoring Mechanism reports 2012 and 2014.
2
9
DPO priorities
In D.A.P1 In C.O2
In IMM3
Notes
GREEN
Establish the NZSL Board and
monitor progress on NZSL
initiatives (CO 42)



This is not in the DAP but is being progressed.
GREEN
Improve health outcomes for
disabled people, particularly
people with learning disabilities,
Māori and Pasifika disabled people
(CO 52 & 54)



This is in the DAP and DPOs keenly await progress.
GREEN
Increase the employment levels of
disabled people (CO 56)



There is a high expectation to deliver this priority. The rate of
disabled people’s participation in employment is very low and
has hardly changed since 1993.
GREEN
Provide electronic voting as an
option for the next local and
general elections (CO 62)



GREEN
Review relevant legislation to
ensure that disabled children have
the same safeguards and are
treated equitably to other children
when placed in out of home care
(CO 46)



This is a high level piece of work.
Develop a plan to implement and
monitor the new Government-DPO
engagement principles across
central and local government to
ensure disabled people are



This work is in the DAP, however a significant amount of
further work is needed to enable implementation and
monitoring across all government agencies.
GREEN
It is not yet clear in planning and resourcing whether the
outcome sought by DPOs and disabled people will be
achieved.
10
DPO priorities
In D.A.P1 In C.O2
In IMM3
Notes
involved in decision-making
ORANGE Ratify the Optional Protocol (CO 6)



DPOs understand this is progressing but the timeframe for
achieving ratification is not clear and this is a high priority for
the DPOs
ORANGE Increase the accessibility of public
transport



To make this a Green priority, an action plan needs to be
developed, with timeframes and targets, to increase the
accessibility of public transport.
The DAP commits only to a stocktake of a 2005 Human
Rights Commission Inquiry report and options for
improvements. An action plan to progress real change is
needed.
ORANGE Extend choice in community living
approaches so they are available
to all disabled people (CO 40)



Although this is in each document the DAP commits only to
reviewing current pilot programmes and defers, until 2015/16,
ensuring [all] providers provide choice to disabled people and
exploring providers performance accountability measures.
Choice in community living is a high priority for disabled
people.
ORANGE Replace the minimum wage
exemption permit system with a
better alternative (CO 58)

ORANGE Review disability related costs to
ensure sufficient allocation of
compensation, particularly for
disabled children and families (CO



As a law change is required, this needs high level leadership
to ensure this outcomes can be achieved.
Planning and resourcing needs to reflect the law change
sought.


Disability related costs issues are highlighted in the IMM
reports. It is reported that at times disability related costs are
prohibitive and a barrier to full participation and equal
citizenship for disabled people. Government financial
supports often fall short of actual costs.
11
DPO priorities
In D.A.P1 In C.O2
In IMM3
Notes
A review of this issue is sought.
60)
ORANGE Increase captioning and audiodescription in broadcasting (CO
64)



The DPOs are not aware of any work on this. However, other
priorities may be viewed as more fundamental.
ORANGE Ratify the Marrakesh Treaty (CO
66)



The DPOs understand some work is happening towards
achieving this.
ORANGE Reinstate financial support to
disability-inclusive development via
the Pacific Disability Forum and
the New Zealand DPOs (CO 72)



ORANGE Revise all relevant laws to replace
substitute decision-making with
supported decision-making (CO
22)



This is in the DAP but the scope of work and resourcing
required to achieve this outcome has not been well identified.
High level leadership is required to progress this as it could
likely involve changes to statutes.
Progressing this work in line with the CRPD will involve high
level and complex work planned to a clear end result. It will
require significant resourcing, including ensuring high levels
of DPO and disabled people involvement and legal expertise.
Discussions have focused on changing the PPPR Act, but
the COs highlight there are a few laws (plural) to which
supported decision-making applies.
This is a high priority for DPOs.
ORANGE Develop a plan to raise the
capacity and capability of DPOs so
they can sustain themselves into
the future20 and can ensure



The Government has acknowledged the need to address
DPO’s capacity and capability but work is in the very early
stages.
This is a high priority for the DPOs to ensure that they are
12
DPO priorities
In D.A.P1 In C.O2
In IMM3
sustainable into the future and can effectively carry out their
role in helping the government provide effective services and
support to disabled people, and ensuring leadership on
disability issues comes from disabled people.
leadership on disability issues
comes from disabled people
RED
RED
Notes
Review the Public Health and
Disability Amendment Act 2013 to
ensure that all family carers are
paid on the same basis as other
carers and remove limitations on
the right to complain about such
policies (CO 10)

Clarify the meaning of reasonable
accommodation, and amend the
Human Rights Act 1993 to include
a definition of reasonable
accommodation (CO 12)



This is a high priority for DPOs and it is not currently being
progressed.
This is fundamental to ensuring equality for disabled people
and ensuring the right to complain.


The DAP covers only a narrow aspect of this work, ie: to
develop guidelines on reasonable accommodation in
employment (3a).
Reasonable accommodation needs clarifying at the highest
level and in the Human Rights Act, to clarify its application
across all statutes and all areas of people’s lives.
Clarifying reasonable accommodation is fundamental to
ensuring disabled people can realise their rights.
The CO’s refer to reasonable accommodation in the Human
Rights Act and education and justice (prisons).
A high proportion of disability complaints to the Human
Rights Commission involve reasonable accommodation.
Prior work indicated by the Ministry of Justice to develop
guidance on reasonable accommodation did not progress.
13
DPO priorities
In D.A.P1 In C.O2
In IMM3
Notes
RED
Develop an action plan to improve
outcomes for disabled women,
including education and
employment levels and in
combating violence and abuse (CO
16)



Disabled women experience multiple discrimination and have
not received much attention in leading disability documents.
RED
Develop an action plan to improve
the situation of disabled children
(CO 18)



The CO and the 2014 IMM report refer to the further work
needed, including improving data on disabled children and
ensure appropriate services and support. An action plan
could plan out the work needed.
RED
Review the Mental Health
(Compulsory Assessment and
Treatment) Act 1992 to ensure full
compliance with the Disability
Convention (CO 30)



This is a high priority for DPOs.
The DAP deferred until 2015/16 exploring how the Mental
Health Act relates to the BORA and the CRPD, but does not
commit to changing the MH Act to ensure compliance with
the CRPD.
The Government agreed to start preparatory work on this
DAP action early, but no work appears to have been done.
Take immediate steps to eliminate
the use of seclusion and restraint
in medical facilities (all facilities)
(CO 32)
The CO identified the elimination of seclusion and restraint in
“medical facilities” but the DPOs view is that this must apply
to all facilities, eg: prisons and residential services.
This work relates also to work around ensuring supported
decision-making.
RED
Ensure work that will protect
disabled people from violence and
harm (CO 36)



The DAP defers until 2015/2016 a stocktake on reports and
findings around violence and abuse of disabled people.
A 2008 Parliamentary Inquiry on this issue provided
recommendations which need to be considered, among other
recent reports and research.
Many disabled people are vulnerable and so protections from
14
DPO priorities
In D.A.P1 In C.O2
In IMM3
Notes
abuse and violence need careful attention.
RED
RED
Enact legislation prohibiting the
sterilization of disabled children
and adults in the absence of fully
informed consent, and using only
supported decision-making (CO
38)

Transform the education sector to
an inclusive education framework,
including provide an enforceable
right to education for disabled
people, ensure reasonable
accommodations are provided
within the inclusive education
framework, reduce bullying of
disabled students, and increase
disabled peoples participation and
achievement in tertiary education
(CO 50)



This is a high priority for DPOs.
It related to work on supported decision-making.
It requires high level commitment with planning to a clear
outcome, and will require a high level of resourcing, including
close involvement with DPOs and disabled people and legal
expertise.


The DAP does not address this priority to anywhere near the
scope required. It lists only two light actions that were already
in progress prior to the development of the DAP.
High level leadership is required to ensure real progress to
achieving a fully inclusive education system.
Education is a high priority for DPOs and disabled people
and parents. It is fundamental to realising our human rights.
Education has consistently been the largest category of
disability related complaints received by the Human Rights
Commission.
Recent reviews and work largely focuses on tweaking the
system.
Transformation to an inclusive education system is sought,
including clarifying reasonable accommodation in an
inclusive education framework and an enforceable right to
education.
RED
Government departments collect
and publish disaggregated data on
disabled people in their regular
surveys and reports (CO 70)



Increasing data and information on disabled people is critical
to fulfilling accountability and monitoring obligations and as
evidence for implementing the CRPD.
15
32
Priorities for Māori and Pasifika disabled people
RED
Raise outcomes for Māori children
who are disabled, including in
health and education (CO 18)



Māori disabled people are not well identified in disability
work. Māori disabled people have cultural and disability
perspectives that need to be incorporated.
RED
Increase access to information for
Māori and Pasifika disabled
people, especially deaf and
deafblind (CO 44)



Access to information has been identified as a key barrier to
Māori and Pasifika disabled people accessing disability
information and services.
RED
Raise health outcomes for Māori
and Pasifika disabled people (CO
54)



Health outcomes for Māori and Pasifika disabled people are
of particular concern and need addressing urgently.
RED
Increase employment levels of
Māori and Pasifika disabled people
(CO 56)



Māori disabled people have a lower labour market
participation rate than disabled people. Urgent and specific
work is needed that raises Māori disabled and Pasifika
disabled peoples participation in employment.
Progressing these priorities
33
There are two overarching strategic priorities that will help progress several of the actions above, and help to implement several
articles of the CRPD and recommendations of the Concluding Observations. These are:

Clarify, in legislation and policy, reasonable accommodation obligations and examples to guide services and support to disabled
people in all areas, including education and employment
16

34
Ensure a Human Rights Approach4 is used in all services and supports provided to disabled people and in mainstream services
and support
The DPOs are a vital resource for helping to define and develop these two strategic overarching priorities, in addition to all actions
to implement the CRPD.
4
See description at the end of document. Human Rights Commission (2013) “Annual Report 2013 Pürongo ä Tau 2013” Human Rights Commission: Wellington. P 9.
17
References & Guiding documents
DPOs Shadow report
Disabled Persons Assembly NZ Inc. (2014) “New Zealand Disabled Person’s
Organisations Report to the United Nations Committee on the Rights of Persons
with Disabilities on New Zealand’s Implementation of the Convention on the
Rights of Persons with Disabilities. 31st July 2014”.
http://www.dpa.org.nz/resources/sector-resources/the-united-nations-convention-onrights-of-persons-with-disabilities/dpo-shadow-report
Convention Coalition reports
Convention Coalition Monitoring Group. “Disability Rights in Aotearoa New
Zealand 2010: A report on the Human Rights of Disabled People in Aotearoa New
Zealand” (2010).
Convention Coalition Monitoring Group. “Disability Rights in Aotearoa New
Zealand 2012: A report on the Human Rights of Disabled People in Aotearoa New
Zealand. (2012).
Convention Coalition Monitoring Group. “Disability Rights in Aotearoa New
Zealand 2013: Youth. A report on the Human Rights of Disabled People in
Aotearoa New Zealand. (2013), p 37.
http://www.dpa.org.nz/resources/sector-resources/the-convention-disability-rights-inaotearoa-new-zealand
Independent Monitoring Mechanism reports
Human Rights Commission (2012) “Making Disability Rights Real Whkatūturu ngā
Tika Hauātanga: Annual Report of the Independent Monitoring Mechanism of the
Convention on the Rights of Persons with Disabilities 1 July 2011 – 30 June
2012”.
Human Rights Commission (2014) “Making Disability Rights Real Whkatūturu ngā
Tika Hauātanga: Second Report of the Independent Monitoring Mechanism of the
Convention on the Rights of Persons with Disabilities. Aotearoa New Zealand.
July 2012 – December 2013”.
http://www.hrc.co.nz/disabled-people/convention-on-the-rights-of-persons-withdisabilities/making-disability-rights-real/
1
Short summary of the DPOs
Association of Blind Citizens of New Zealand Inc.
Founded in 1945, the Association of Blind Citizens of New Zealand Inc (Blind
Citizens NZ) is New Zealand’s leading blindness consumer organisation and one
of the country’s largest organisations of disabled consumers. Our aim is to
heighten awareness of the rights of blind and vision impaired people and to
remove the barriers that impact upon our ability to live in an accessible, equitable
and inclusive society. We have a nation-wide membership of approximately 1,500
blind and vision impaired people who participate in our work via local branches
and informal networks.
We work with government, providers of blindness and disability-specific services
and, providers of both public and private services and accommodations, to raise
awareness about the needs of blind and vision impaired people and, to remove
the barriers so we too, can make our mark in the world. Blind Citizens NZ’s
objects promote in every way, the interests, well-being and rights of blind and
vision impaired people.
Balance New Zealand
Balance NZ is a national network of people who have lived experience of mental
health distress (peers). We were formed in the mid-nineties as a network of manic
depression support groups, and from there evolved to be actively involved in
building and maintaining regional, national and international networks inclusive of
all mental health peers. Balance NZ provides peer-led information, education,
support, training, advocacy and research with our members to build healthier
communities for us all.
Deaf Aotearoa New Zealand Inc.
Deaf Aotearoa is a Disabled Person’s Organisation and the New Zealand
representative for the World Federation of the Deaf, the international body for
Deaf people. Deaf Aotearoa works closely with government agencies, other notfor-profit organisations and the private sector to increase awareness of Deaf
people’s lives, promote NZSL and strengthen the rights of Deaf people.
We work primarily with members of the Deaf community, as well as providing
information and resources to the general public across a range of areas. Deaf
Aotearoa is the national service provider for Deaf people in New Zealand. Deaf
2
Aotearoa owns the only national New Zealand Sign Language interpreting service
iSign, which provides interpreting services across all fields.
Deafblind (NZ) Incorporated
Deafblind (NZ) Inc. is a consumer-driven Society that works as an advocacy and
support body for people in New Zealand who have this unique dual sensory loss.
We encourage deafblind people and other people with disabilities to speak for
themselves in order to improve their quality of life. Working with the Royal New
Zealand Foundation of the Blind and several government departments we advise
on the needs of people living with our dual disability to help break down the
barriers that prevent full inclusion in society. We also encourage peer support as a
vital aspect of our personal and group growth.
Disabled Persons Assembly New Zealand Inc.
Disabled Persons Assembly New Zealand Inc. (DPA) is the national assembly and
collective voice of disabled New Zealanders. It is a member-driven organisation
governed by disabled people. The organisation’s main purpose is to articulate the
voice of its members who have all kinds of disabilities. DPA works in collaboration
with other DPOs, allied NGOs and government to progress implementation of the
Convention on the Rights of Persons with Disabilities in Aotearoa New Zealand.
DPA has some 900 individual members who are disabled or are the parent or
guardian of a disabled person and some 200 corporate members who represent
or deliver services to disabled people. DPA members form a network of regional
assemblies to debate local and national issues.
On the international stage, DPA is New Zealand’s representative member of the
Disabled Persons International and Rehabilitation International.
Ngāti Kāpō O Aotearoa Inc.
Ngāti Kāpō O Aotearoa Inc. (Ngāti Kāpō) is an indigenous Disabled Persons
Organisation (DPO) founded by kāpō (blind, vision impaired and deaf blind) Māori
and their whānau with membership open to any person who supports the
Society’s purpose and aims, which, are founded upon Māori cultural philosophy,
protocols and practices.
Ngāti Kāpō is charged by its members to create, facilitate and or contribute in the
advancement of strategic and service solutions that assist Ngāti Kāpō members to
attain whānau ora, thus realising their potential as individuals, as whānau and as
contributing citizens in Aotearoa New Zealand society.
3
People First New Zealand Inc. Ngā Tāngata Tuatahi
People First New Zealand Inc., Ngā Tāngata Tuatahi is a national self-advocacy
organisation that is led and directed by people with learning (intellectual)
disability. People First NZ works in a human rights framework to empower and
assist people with learning disability to be strong and valued citizens of New
Zealand. People First NZ is governed by its National Committee – made up of 6
elected Regional Presidents (people with learning disability) and 2 non-voting
advisors
People First NZ has 30 local self-advocacy groups throughout New Zealand and
members speak up locally, and nationally about issues that are important to them.
People First NZ also has an education arm, Learn with us, an Easy Read
Translation Service and undertakes project work.
People First NZ Inc. is part of an international social justice movement advocating
for the rights and inclusion of all people with learning disability.
4
Human Rights Approach
The human rights approach has been developed internationally and adapted for
New Zealand by the New Zealand Human Rights Commission, it requires:
a linking of decision-making at every level to human rights standards set out
in the relevant human rights covenants and conventions
b identification of all relevant human rights involved and a balancing of rights,
where necessary prioritising the rights of the most vulnerable people, to
maximise respect for all rights and rights-holders
c an emphasis on the participation of individuals and groups in decisionmaking affecting them
d non-discrimination among individuals and groups through the equal
enjoyment of rights and obligations by all
e empowerment of individuals and groups by their use of rights to leverage
for action and to legitimise their voice in decision-making
f
accountability for actions and decisions, enabling individuals and groups to
complain about decisions adversely affecting them5.
5
Human Rights Commission (2013) “Annual Report 2013 Pürongo ä Tau 2013” Human Rights Commission:
Wellington. P 9.
5
1
“Disabled People’s Organisation (DPO) Roles and Attributes. Working draft – 3 December 2013; and
Office for Disability Issues. (2014). “Disability Action Plan 2014-2018: New Zealand’s priorities to
advance implementation of the United Nations Convention on the Rights of Persons with Disabilities
and the New Zealand Disability Strategy.” (May 2014). P 3.
2
Office for Disability Issues. (2014). “Disability Action Plan 2014-2018: New Zealand’s priorities to
advance implementation of the United Nations Convention on the Rights of Persons with Disabilities
and the New Zealand Disability Strategy.” (May 2014). P 3.
3
Convention Coalition Monitoring Group. “Disability Rights in Aotearoa New Zealand 2012: A report on
the Human Rights of Disabled People in Aotearoa New Zealand. (2012). P 30; and New Zealand
Government Cabinet Paper. “Choice in Community Living.” Accessed on 18 June 2014 at
http://www.health.govt.nz/system/files/documents/pages/choice-in-community-living.pdf
4
“New Zealand Disabled Person’s Organisations Report to the United Nations Committee on the Rights
of Persons with Disabilities on New Zealand’s Implementation of the Convention on the Rights of
Persons with Disabilities. 31st July 2014”. Report prepared by DPA NZ Inc.
5
Ibid.
6
Statistics New Zealand. Disability Survey 2013. Accessed on 15 October 2014 at:
http://www.stats.govt.nz/browse_for_stats/health/disabilities/disabilitysurvey_hotp2013.aspx
7
Ibid.
8
Ibid.
9
Ibid.
10
Statistics New Zealand (2014). Social and economic outcomes for disabled people: Findings from the
2013 Disability Survey. Wellington: Statistics New Zealand. P 5.
11
Human Rights Commission. (2012). “Making Disability Rights Real Whakatūturu ngā Tika Hauātanga:
Annual Report of the Independent Monitoring Mechanism of the Convention on the Rights of Persons
with Disabilities 1 July 2011 - 30 June 2012.” P 81; and Human Rights Commission. (2014). “Making
Disability Rights Real Whakatūturu ngā Tika Hauātanga: Second Report of the Independent Monitoring
Mechanism of the Convention on the Rights of Persons with Disabilities. Aotearoa New Zealand. July
2012 - December 2013.” P 85
12
Ibid.
13
Ibid.
14
Ibid.
15
Ibid.
Ministry of Health. (2001). “The New Zealand Disability Strategy: Making a World of Difference.
Whakanui Oranga” April 2001 P 5; and Office for Disability Issues. (2014). “Disability Action Plan 20142018: New Zealand’s priorities to advance implementation of the United Nations Convention on the
Rights of Persons with Disabilities and the New Zealand Disability Strategy.” (May 2014).
16
17
“New Zealand Disabled Person’s Organisations Report to the United Nations Committee on the Rights
of Persons with Disabilities on New Zealand’s Implementation of the Convention on the Rights of
Persons with Disabilities. 31st July 2014”. Preport prepared by DPA NZ Inc.
Human Rights Commission. (2012). “Making Disability Rights Real Whakatūturu ngā Tika Hauātanga:
Annual Report of the Independent Monitoring Mechanism of the Convention on the Rights of Persons
with Disabilities 1 July 2011 - 30 June 2012.” P 29.
19
Disabled Persons Assembly NZ Inc. (2014) “New Zealand Disabled Person’s Organisations Report to
the United Nations Committee on the Rights of Persons with Disabilities on New Zealand’s
Implementation of the Convention on the Rights of Persons with Disabilities. 31st July 2014
18
6
20
Human Rights Commission. (2012). “Making Disability Rights Real Whakatūturu ngā Tika Hauātanga:
Annual Report of the Independent Monitoring Mechanism of the Convention on the Rights of Persons
with Disabilities 1 July 2011 - 30 June 2012.” P 29.
7